Dear Stockport Borough Council,

I wish you to draw this to the attention of the Council's
Monitoring Officer. I have been told I must only contact the
Council through the Freedom of Information Officer, so Stockport
Council have themselves made every issue a Freedom of Information
one.

On 10th of November I requested documents regarding an apparent
abuse of planning permission concerning Aquinas College at
Stockport. The law states that planning matters have to be in the
public domain and not kept secret, obviously to avoid corruption.
Stockport Council makes every planning request I make a Freedom of
Information request, totally illegally.

I asked for documents regarding the abuse of planning conditions on
10th November 2009. On 25th January you sent me one document, only
after I had had to raise the issue with Executive Councillors at a
Council meeting regarding the lack of response.

In that document copied below:-

From: XXXXXXXXXXX
Sent: 17 December 2009 11:35
To: XXXXXXXXXXX
Subject: Aquinas - Air Handling Units
Richard - I have been discussing the matter of the air handling
units with Richard Leyshon (Head of Development Management) and
Emma Curle (Development Team Manager). As you will know from Peter
Taylor's letter of 9th September 2009 we have been considering
dealing with this matter under condition 1 (materials) and
condition 9 (screening) of planning permission DC028122.

Since it has proved impossible/impractical to screen the units, it
is obvious that there will be no submission in terms of condition 9
and both Emma and myself are finding it more and more difficult to
justify regularising the position under the requirement of
condition 1. On this basis it is considered that the most
appropriate way to regularise the position is for the College to
submit an application for a 'minor material amendment' to planning
permission DC028122 to secure the retention of the air handling
units.

The problem with this, however, is that as there is no condition on
the original permission listing the approved drawing numbers,
currently the College cannot apply for a 'minor material
amendment'. I have taken legal advice and it appears that the only
way to resolve this issue is a 2 phased approach in that in the
first instance the College applies for a 'non material amendment'
requesting the imposition of a condition on the permission listing
the stamped approved drawing numbers and secondly, once that
application is approved, they apply for a 'minor material
amendment' to secure the retention of the air handling units.

I attach a link to the relevant application form for the 'non
material amendment' and advise that the standard application form
should be used to apply for the 'minor material amendment' (link
also provided). There is no planning fee required currently for the
'non material amendment' and the appropriate planning fee for the
'minor material amendment' will be £170. In respect of the 'minor
material amendment' all that will be required are the completed
application forms, site location plan, confirmation of the drawing
numbers to be listed as approved (with no reference to the air
handling units). There will be no consultation on this application
and the determination of the application will be fully delegated to
Officers. I will aim to issue the decision within 28 days.

In respect of the application for the 'minor material amendment',
as the approval of the application would result in a new permission
for the entire development, the plans submitted with the
application (including site location plan) should cover the entire
development including the air handling units. The application
should also be accompanied by a Design and Access Statement
addressing the impact of the units. Consultation by the LPA on this
application is discretionary and whilst we will have to notify
residents of the submission of this application, a proportionate
approach will be adopted in terms of who we notifiy. This
application would also be subject to 'call up to Area Committee'.
As per the regulations, it is anticipated that a decision will be
issued within 13 weeks.

I am sure you will wish to discuss our proposed course of action
once you have discussed the matter with the College and look
forward to hearing from you. In my absence please call Emma Curle
on 0161 474 3542.

Regards

XXXXXXXX
Planning Officer
0161 474 3550

http://www.planningportal.gov.uk/uploads...

http://www.stockport.gov.uk/2013/2994/de...

The comments: "Consultation by the LPA on this application is
discretionary and whilst we will have to notify residents of the
submission of this application, a proportionate approach will be
adopted in terms of who we notifiy."

and:-

"There will be no consultation on this application and the
determination of the application will be fully delegated to
Officers. I will aim to issue the decision within 28 days."

would appear to indicate that the Council intended to hide what was
going on from local residents. The refusal to disclose any
documents to me, presumably in the meantime the new application
would have been decided in secret by a council officer, indicates
yet further evidence of worrying standards regarding planning in
Stockport.

I look forward to hearing the Monitoring Officer's comments
regarding the points I have raised above.

Kind regards

Sheila Oliver

Dear Mrs Oliver,

I am writing in response to your email below.

This is not a request for information under the Freedom of Information Act
or the Environmental Information Regulations. The Council is under no
obligation to respond to requests for comments under either of these
pieces of legislation. If you wish to make a request for information,
please refine your request to ask for specific items of recorded
information.

Yours sincerely,

Claire Naven

Claire Naven

Data Protection & Freedom of Information Officer

Stockport Metropolitan Borough Council

show quoted sections

Dear FOI Officer,

I have been told by Stockport Council that all communications must
go through the Freedom of Information Officer. I suspect this is so
the Council has one person releasing the information and no-one
else at the Council inadvertently tells me an inconvenient truth.

I have to put all communications through as Freedom of Information
requests on Stockport Council's strictest orders, hence my posting
such comments on this website. If the Council wants to renounce
their former edict, then please let me know and I can start dealing
with ordinary council officers in the normal way.

Yours sincerely,

Sheila Oliver